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A Chinese migrant worker who spoke with Things Anonymously as part of an investigation into exploitation in the construction industry, he has been fired by his boss, who says he told him that he had “exposed” the business.
Immigration New Zealand will look into the case and a prominent union activist agreed to represent the worker.
The migrant used the pseudonym Yu and was photographed in silhouette, but still aroused the suspicion of his bosses at a concrete factory in the city of Pokeno, Waikato.
The factory had already been visited by Labor Inspectorate investigators after four former employees filed a wage claim for $ 40,000.
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Yu said his comments were “dynamite” for the company, and he was summarily fired by factory manager Beiji ‘Joe’ Zhou earlier this month without notice or severance pay.
February 22, the next day ThingsIn the original report, Yu says he was summoned to a meeting with the owner of the company, Richard Kennaway, with Zhou translating into Mandarin.
He alleges that they told him: “This person is harmful to our factory, he tells outsiders about things that happen in the factory … now he has talked to journalists about things that happen in the factory, now he has been exposed , the reputation of the factory is gone, and it is difficult to do business with others. “
Another worker pleaded on his behalf and got a temporary suspension, but was later fired earlier this month.
Things reported that Yu, a passenger who stayed longer, worked up to 120 hours a week for $ 20 an hour in cash and was owed back wages and vacation pay.
Yu now regrets having spoken. He says if the firing was performance-related, “they would have dumped me a long time ago.”
Yu believes that if he had not spoken, the factory could have continued to operate unaffected.
“New Zealand is a very inefficient country; if nobody informs you, nothing will happen.”
David White / Stuff
Yu seeks work after being fired from his job at a concrete factory.
When Yu returned to the factory to seek an explanation for his dismissal, he recorded the conversation.
When asked if Zhou was fired for speaking to the media, Zhou replied, “This is normal company policy.”
Zhou then said, “We no longer have the need for our position … go find another job, don’t bother me.”
Yu believes he is owed $ 3,685 in lost wages for substantial amounts of overtime he worked in early 2020, plus his final pay.
But One Union boss Matt McCarten believes he is owed much more, considering his non-pay for vacation, layoffs and a potential wrongful termination case.
LAWRENCE SMITH / Things
One Union’s Matt McCarten has vowed to follow up on Zu’s case.
McCarten, who has agreed to represent Yu, says cases like his “are a mirror of New Zealand society and we have to decide if we like what we see in our reflection.”
Steve Vaughan, New Zealand Immigration General Manager, says Yu’s allegations are being taken “very seriously.”
Although Yu was paid $ 20 an hour and told that he was paid $ 25 with taxes deducted, he has never seen tax returns. He admits that at the time he was not concerned whether taxes were being paid.
Yu says that most of the factory workers were Chinese and he believed that most were in breach of visa requirements. He says local workers were paid better and were not expected to work that many hours.
David White / Stuff
Yu originally spoke anonymously with Stuff.
Yu originally worked for a company called Precast Ltd, owned by Kennaway, which went into liquidation in August last year.
Later, Kennaway formed a new company called Concrete Ltd, and Yu says he continued working in the same position, in the same factory. He did not know the name of the company that took over his job.
Four workers, Li Yanglin, Huang Jianjun, Yu Deli and Gao Litong are pursuing an ERA case alleging that Precast Ltd withheld $ 40,000 of wages after working 100 hours a week at the factory.
The four, who had valid work visas, also complained to the Labor Inspectorate, which closed an investigation into the company despite finding multiple violations in the employment record.
The Inspectorate admits that Precast and Kennaway declined to participate, and the men’s advocate, May Moncur, said she was disappointed that the Inspectorate did not conduct further investigations.
JASON DORDAY / Things
Chinese migrant construction worker Gao Litong is filing an ERA lawsuit against Precast Ltd.
Two attempts at mediation failed before Precast Ltd. was liquidated. Kennaway previously said Things He was unable to speak about the ERA case because he was “no longer involved” with Precast.
Gao Litong said Things He worked 100-120 hours a week, often without pay, and was often required to work through the night.
“Those times were the worst, so I tell others, working this way will eventually destroy our health.”
He claims that he quit after one month of unpaid work.
At the mediation, Gao said that he and the other men were told that they had been hired as contractors, despite showing Things an indefinite employment contract.
Yu, however, showed Things bank statements showing your salary from ‘PRECAST BUIL’ both before and after the liquidation of Precast Ltd.
He said the staff and work did not change after the liquidation, and he had been assured at the time that the liquidation would not affect anything.
However, Zhou, the factory manager, later used it as a reason for not paying his past due wages.
When Yu asked for wage arrears when he returned to the factory, Zhou said, “If you are not satisfied, find a lawyer and take us to court … we do not have a contract.”
Zhou said Things he fired Yu “because he does not have a work visa.”
When asked why he had fired him now when Yu had never had a valid visa, Zhou said, “I probably can’t answer any questions … I need to speak to my lawyer.” Then he asked for written questions.
Kennaway said Things Yu was fired because he did not have a visa and “did not work well in the factory.”
He couldn’t explain why it took him two years to realize that one of his employees was working illegally.
“Because… uh… I’ll have to talk to my general manager about it.
“Plus, he’s been loafing at work, he’s been troublesome at work, and that’s why we got rid of him.”
When asked about Yu’s long work hours, Kennaway said “it was none of your business.”
He denied that Yu was still paid with the same account.
When asked why there was no notice or termination, Kennaway said Yu was “in contract”, before reiterating that he would return with “written information.”
Things He then wrote to Zhou with questions including why Yu’s visa had not been reviewed before; why Kennaway and Zhou’s explanations of the firing differed; why Yu did not receive notice or severance pay; why was he expected to work so many hours; why conditions were different for Kiwi and Chinese workers; and questions about Precast’s lack of cooperation with the Labor Inspectorate or reaching an agreement with Gao Litong and the other workers.
Zhou responded with a written denial of Yu’s accusations.
“We will not make more common goods [sic] regarding [Yu], the investigations of the labor inspector or other matters that are currently before the Labor Relations Authority ”.
Yu, meanwhile, still hopes to stay in New Zealand, and is trying to find work with small construction companies, because “they don’t care if you have a visa or not, as long as your work is good … they open an eye. , and close the other eye. “
